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(a) The operator may neither directly nor indirectly engage in the sale, servicing or repair of television receivers, nor may he engage directly or indirectly in the rental or leasing of television receivers; nor may he or any of his employees require of any subscriber the purchase or servicing of a television receiver from or by any designated company.
(b) The operator may neither directly nor indirectly engage in the installation or repair of distribution systems, other than his own, within apartment houses, hotels, motels, or other commercial establishments, or in schools and other nonprofit organizations.
(c) The operator is prohibited from allowing his facilities to be utilized for political or other partisan purposes unless, as a matter of publicly stated policy, he has adopted guidelines calling for strict adherence to existing rules and regulations of the Federal Communications Commission governing political broadcasts and telecasts, and including the "Fairness Doctrine". Excluded from this provision is programming originated by a licensed radio or television station, such station being subject to the aforementioned rules and regulations of the FCC.
(Ord. 77-75. Passed 6-9-75.)
(a) The operator shall indemnify and save harmless the City, and all agents, officers, employees and representatives thereof from all claims, demands, causes of action, copyright action, liability, judgments, costs and expenses or losses for injury or death to persons or damage to property owned by, and Worker's Compensation claims against any parties indemnified herein, arising out of, caused by, or as a result of the operator's construction, erection, maintenance, use of, presence of, or removal of any poles or wires lines, cable, conduit, appurtenances thereto, or equipment or attachments thereto.
(1) The operator shall carry good and sufficient public liability and property damage insurance to fulfill the terms of subsection (a) hereof which insurance shall be in the amounts of not less than five hundred thousand dollars ($500,000) for property damage in any one occurrence, not less than one million dollars ($1,000,000) aggregate in any single policy year; and not less than five hundred thousand dollars ($500,000) bodily injury or death of any one person, with a minimum of one million dollars ($1,000,000) as to any one occurrence. Such policy shall be subject to the approval of the City Attorney as to its form and extent of coverage, as distinguished from dollar amount of coverage. Such policy shall specifically insure against claims arising as the result of underground excavation.
(2) The City of Reynoldsburg shall be named as an additional insured in any such policy or policies.
(3) The policy shall provide by endorsement that it may only be cancelled or amended by the insurance company after sixty days notice, in writing, to the Service Director.
(4) Such policy, or policies, must be in force before the operator commences any construction or installations.
(5) Either the original policy, or policies, or certified copies must be on file with the Service Director.
(6) The policy shall provide that the naming of the City as an additional insured shall not exempt the insurer from liability to the City for damage to property owned by it or in which it has an interest.
(b) Upon termination or revocation of his permit or upon cessation of operations by the operator such operator is under obligation to remove all of his equipment and installations over and under City streets, at the request of Council; over and under private property at the request of property owners; and from homes or business establishments of subscribers, at their request.
(c) Within thirty days from the effective date of the granting of a permit by ordinance, the operator shall furnish a bond to the City in the amount of twenty-five thousand dollars ($25,000) guaranteeing the faithful performance of the obligations of the operator under the terms of this section. Such bond shall be subject to these requirements:
(1) Such bond shall be executed by the operator and one or more sureties approved by the City Attorney.
(2) Either the bond, or bonds, or certified copies must be on file with the Service Director.
(3) The bond, or bonds, must provide by endorsement that it cannot be cancelled or amended by the bonding company prior to ten days notice to the Service Director.
(Ord. 140-76. Passed 12-13-76.)
In addition to conventional services currently being offered by operating community antenna television systems, including the signals of TV and FM stations and also programming originated by the operators, this chapter, anticipating the future of a "Wired City", specifically covers the following:
(a) Pay television, programming for which a special or extra fee is charged, if not prohibited by the Federal Communications Commission, and if such service is offered by the operator.
(b) The sale of advertising in connection with locally originated programming, if such sales are authorized by the Federal Communications Commission, and if such sales are made by the operator.
(c) Any other service or services involving the use of electronic signals if authorized by the Federal Communications Commission and if such additional services are offered by the operator.
(Ord. 77-75. Passed 6-9-75.)
(a) The rates for basic service and such ancillary services as may from time to time be provided by the operator shall be determined by marketplace considerations. The operator shall file a schedule of all of its rates with the City prior to the effective date of such rates, of the commencement of a new service, or of a change in established rates and prior to the notification to subscribers of such rates or rate change.
(b) Optional services of a noncontinuous nature, such as individual movies, sports events, education programs, etc., may have variable rates and are exempt from filing requirements.
(c) At such time as the operator attains a penetration level of eighty percent (80%), the City may regulate the rates charged by such operator. The term "penetration level" as used herein, means the ratio of the number of basic service subscribers to the total number of households passed by the operator's cable system.
(d) The operator shall not charge subscribers' rates in excess of the filed rates for any service requiring filing of rates, and the operator agrees that rates for services in the City will not exceed those rates charged in the City of Columbus.
(Ord. 100-82. Passed 11-22-82.)
(a) The operator, in compliance with current rules and regulations of the Federal Communications Commission, shall afford full time, nonduplicated carriage to WBNS-TV, WLWC-TV, WOSU-TV and WTVN-TV and to any other television station licensed to the City of Columbus by the FCC and which goes on the air.
(b) It is the intent of this section to require the carriage outlined in subsection (a) hereof, which shall be without the degrading of signals and without deletion of advertising or any material contained in such telecasts, even though the Federal Communications Commission at some future date might amend or even eliminate rules and regulations applicable to carriage and protection of local stations. Therefore, this particular provision shall remain in force so long as there are no laws, rules or regulations prohibiting such carriage, and so long as the operator is not forbidden to do so by the stations involved.
(Ord. 77-75. Passed 6-9-75.)
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